Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 Cross-Appropriation: Developing Careful Interrelations to Reduce the Risk of Fraud in Financial Markets Emmanuel Lafforti and Emmanuelle Cargnello-Charlesii Operators (fund managers and traders) are regularly involved in fraudulent operations. Their cost amounted to over $40 billion in the last decade. We think that one of the main reasons is related to the nature of interrelations between risk-controllers and operators. Controllers are often too poorly skilled (Janand) and operators consider themselves as superior human beings and are therefore reluctant to explain themselves (Godechot). Existing structures encourage this. That is why we propose an approach based on the concept of enactment (de Vaujany, Weick), which will entail a morphogenesis of structures (Archer). This will help operators realize that they are just ordinary people, which will then help them suffer less from their working life (Tuckett). As a result, they will develop careful interrelations, resulting in a lesser risk of fraud (Weick). We also provide a tool to measure the quality of these enactments and to perform them: the appropriation scales. Field: Financial markets, Risk management JEL Codes: G10 General Financial Markets, G23; Institutional Investors, G32 Financial Risk and Risk Management Loss due to fraudulent operations amounted to 40 billion equivalent dollars over the past ten years. We might think that particular actions have been undertaken since the recent financial affairs (Iksil, Adoboli, Kerviel, Hubler…), especially in such a context of deep economic and financial crisis. Besides, we cannot be sure that it has not been the case. What we can just notice is that these actions have not proved remarkably effective: because of fraud from operators 20 billion dollars have vanished in the last four years. It seems that the prevailing mechanisms all have roughly the same origins: a need to recover, an inability to change one’s mind when the market turns, too much self-esteem… If those are the true mechanisms, are we equipped to offset them? Do we have the necessary skills and tools? In this paper, we will show that institutions and organizations (in market finance) may encourage fraud, albeit unwittingly. We then propose an appropriation-related (de Vaujany, 2006; Dechamp et al., 2006) or enactment-based (Sutcliffe et al., 2009 (2005); Weick, 2001 (1977), 2001 (1988), 2009 (2003)) framework which will lead to new relations within organizations. The core of this framework lies in the notion of “cross-appropriation”, namely someone with peculiar skills (a risk-controller, for example) getting involved in another field of competences strongly connected with their own (operators, for instance). Lastly, we also provide a tool, the appropriation scales, in order to measure and conduct these cross-appropriations. i Centre de Recherche en Gestion, Université de Pau et des Pays de l’Adour, France. Email: emmanuel.laffort@univ-pau.fr ii Centre de Recherche en Gestion, Université de Pau et des Pays de l’Adour, France. Email: emmanuelle.cargnello@univ-pau.fr 1 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 We are looking for ways to reduce the risk of fraud from operators (traders or fund managers). While the pace of fraud doesn’t seem to slow down, the solution, if there is any, might differ from that currently implemented. That is why we are saying that operators and controllers have to work together in a new way, with more cooperation and less opposition, as is mostly the case in financial markets. To have a better understanding of our initial view we conducted semi-directive interviews with operators (fund managers and traders). After building this framework and its associated tool we submitted them to controllers in a second wave of semi-directives interviews. Defining Fraud In this research we use the broad sense of the word “fraud”, following the conclusions of the Basel Committee. This committee made the point that fraudulent operations are not restricted to forbidden actions but are also a matter of governance (B.C.B.S, 2010a). We distinguish between two kinds of rogue operators. The first relies on prohibited and hidden actions taken by the operator while the second relies on actions that would be prohibited if the embedded risk were correctly disclosed. The first category includes Kerviel (loss of $7 billion for Société Générale); Hubler (loss of $9 billion for Morgan Stanley) belongs to the second one. In the first case a lawsuit was filed by the company against Kerviel while in the second one an arrangement was found between both parties in which Hubler left the company with a couple of million dollars… But in both cases, parties were abused, even if Hubler’s responsibility seems less clear. For Lewis (2010, p. 234), what Hubler was involved in was a concealed Ponzi Scheme… That is why we consider all intentional operations as fraudulent that have been explicitly forbidden by any local (decreed by the organization) or global (belonging to the industry) rule (Kerviel case); that would have been explicitly forbidden if all the stakeholders had had a clear understanding of the embedded risk (Hubler case). Risk Control and Risk of Fraud Operational risk management has regularly been less funded than other aspects of risk management. Perhaps, as Jezzini puts it (2005), because no money is offered in exchange for managing this risk. Nevertheless, organizations have to actively manage it if they want to lessen the risk of bankruptcy. Yet more important than that, regulators have to be sure that this risk is properly managed to avoid systemic effects, like those we have seen recently (A.M.F, 2010; B.C.B.S, 2010b; C.E.B.S, 2009, 2010a; O.E.C.D., 2010; S.S.G., 2009). But because such awareness is relatively recent we can point out a few risk factors: 1) Operational risk management is a recent discipline. As such, it has suffered from a problem of definition. In particular, not everyone agrees on the reputation risk. As a matter of fact, for Gautier-Gaillard and Pratlong (2011, p. 283) this is not a risk to be managed as such because if you manage all your risks properly, you will save your 2 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 reputation. Despite possible definition problems, we can find a way of reducing the risk of fraud because this risk is clearly identified. We are told to behave proactively in order to anticipate this risk (C.E.B.S, 2010b, p. 6), which is why we propose to focus on the cause of comportments in this work; 2) In spite of the numerous attempts to master this risk, it has not been stopped, not even reduced if we consider how many billion dollars were lost in the last 4 years. If this risk cannot be suppressed, it can be controlled, and, as we are told, “It should be fully understood by regulators and other standard setters that effective risk management is not about eliminating risk taking, which is a fundamental driving force in business and entrepreneurship. The aim is to ensure that risks are understood, managed and, when appropriate, communicated.” (O.E.C.D., 2010, p. 13). If the fraud is partly due to psychological suffering, having more and more quantitative controls will have no effect; 3) There are many ways of reducing this risk of fraud. If financial institutions have primarily favoured qualitative methodologies, today we have come back to qualitative valuations. Controllers have proven to be insufficiently educated (Janand, 2011); organizations at least need to be sure that controls are to be done by well-trained people. It is very comfortable to deploy quantitative systems and to hide behind figures, especially when you do not have a very precise idea of what is going on… Operators are highly critical of controllers, so this is not only a question of control accuracy, but it also aims to give more legitimacy to controllers. Our approach goes explicitly in this direction. 4) We can also see that there is a deliberate will not to control some “star operators” (B.C.B.S, 2006, p. 14). That is often where the fraudulent spiral originates, and organizations need to dispel any idea that operators may pertain to myth. This will contribute to weakening the star system and to alleviating operators’ suffering (Tuckett, 2011, p. 169); 5) Managing operational risk now provides a way to immediately save money because it permits to reduce equity capital (the required provision diminishes). Regulators now allow qualitative methods to measure operational risk, even coupled with quantitative ones (B.C.B.S, 2006, 2009; C.E.B.S, 2006, 2009). Our approach is therefore also financially attractive; 6) In a report regarding financial stability the International Monetary Fund (I.M.F., 2007) shows that even if quantitative models are all different, when markets are stressed they make it worse because they force behaviors in the same way. This is a very well known phenomenon (institutional isomorphism) shown by DiMaggio and Powell (1983). As our approach is rather qualitative, it is not concerned by this effect. The Environment of Operators The notion of ego is essential to our question. We think that operators can have a strong ego just because their working environment encourages it. This strong ego may raise egodefenses in a wrong way, which can lead to fraudulent operations. 1.1 The Ego The ego of people with an operational activity is usually not considered as a potential threat because it is often subordinated to organizational culture, and in case ego-defenses will be activated in an inappropriate way, it will rarely be headed for a disaster. All is 3 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 different in financial markets: not only are operators able to expose themselves to huge risks (far more than their company’s capital), but the organization itself (and the structures around operators) also promotes individualistic behaviors. The culture of the organization is partly focused on operators: to have the best results, the best performances and to attract money, they try to hire the best operators and this is part of their communication. They have to develop their own image in a sense that matches the myth. Operators are then involved in this game where the best of them are seen and treated like stars. They are then engaged in a vicious circle in which they must always do better to reach the pinnacle of glory which is also required by financial companies as a way to always better perform (Cramer et Jones, 2008; Galbraith, 1993, 2008 (1989); Godechot, 2005; Kindleberger et Aliber, 2005; Lacoste, 2009). 1.2 Myth and Operator Eliade wrote that myths tell incredible, but real stories. Because of their exceptional character these stories involve exceptionally talented people, “Supernatural Beings” as Eliade wrote (1963, p. 30). In his sociological study of financial markets (2005) Godechot also reckons that traders are considered as belonging to a myth. In fact, some of them have built huge fortunes from scratch, as is chanted throughout a book (Schwager, 2006) that was successfully reedited over 20 years “[Trading] is one of the very few ways in which an individual can start with a relatively small bankroll and actually become a multimillionaire.” (Schwager, 2006, p. x). As far as Tuckett (2011) is concerned, the psychological picture of operators is even more complex as they are institutionally driven to create their own reality and are living in a divided state. As a result, operators are exposed to high self-esteem and are prone to invoke egodefenses abnormally when things go wrong, which can lead to fraud. Because they are living in a world of their own, operators are only partially aware of the gravity of their fault, and are therefore all the more exposed to this risk… The Notion of Appropriation This notion is still blurred despite its importance, says Giraud (2009, p. 277). Thus, she gives a general definition of it: “It signifies […] two things: (I) a utilization in line with the prescriber’s intention; (ii) a local modification space where users can adapt this utilization to their specific context, including drifting away from the initial prescription. This is precisely the articulation between these two dimensions that defines appropriation” (2009, p. 278). Vaujany has developed a synthetic view of this notion and describes its dynamics, inspired from the adaptive structuration theory (DeSanctis et Poole, 1994) with regard to the dynamics of it, and from the morphogenetic approach (Archer, 1995, 2003) when it comes to the description of the articulation between structures and actions. For Vaujany, in order to understand appropriation we need to mobilize three interdependent perspectives: a rational one, a psycho-cognitive one and a socio-political one (de Vaujany, 2006, p. 114). He also distinguishes between three qualities of appropriation: “Legitimation”, “Assimilation” and “Appropriation”. 4 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 The latter refers to the deep individual process contributing to the development of personal identity (Jouët, 2000). Weick calls this enactment, and enactment “might serve as the basis for an ideology of crisis prevention and management” (Weick, 2001 (1988), p. 234). He defines ideology as “a relatively coherent set of beliefs that bind people together and explain their worlds in terms of cause-and-effect relations” (Weick, 2001 (1988), p. 234). Enactment is a pillar of sensemaking, which in turn enables the development of respectful interactions (between individuals, an operator and a controller, for example). That can lead to heedful interrelations (between groups, e.g. a group of operators and a group of controllers). All of that will lessen the risk of fraud (Weick, 2009, pp. 154, 207). Presentation of the Approach Structures surrounding operators and controllers have scarcely evolved: operators are still suffering, and increasingly so, from their divided state, as Tuckett (2011) claims, and are tempted to see themselves as “Supernatural Beings” (Eliade, 1963). Relationships between operators and controllers are tricky and the poor quality of cross-appropriations is unlikely to make structures change. Our proposal, as Weick puts it (2001 (1993)), is to develop a new way for operator to interrelate with controllers. Skills must be enhanced in two directions: an acquisition of new competences and a reorientation towards each other’s jobs. That’s what we call “cross-appropriation”. Cross-appropriation can be represented as follows: Figure 1: Cross-Appropriation This figure presents analogies with Weick’s thinking: in order to move from respectful interactions to heedful interrelations, he says that we have to “shift the […] domain and size of [our] ignorance” (Weick, 2001 (1998), pp. 370-371). 5 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 To conduct these appropriations, we first have to define where we want them to be. We do so by bringing into relief the organization’s weaknesses (with respect to the goals to be reached) so that the reduction of these weaknesses may play an active role towards heedful interrelations. We call such factors the Perceived Critical Factors (P.C.F.). At the level of definition, we set the rules that will permit to assess the quality of appropriation of each P.C.F. When they are all defined, we assess them and report the evaluations in the purpose-built tools: the appropriation scales. Figure 2: Appropriation scales Our hypothesis is that a well-balanced appropriation scales with a good quality of crossappropriations refers to an organization with heedful interrelations and is, as such, less vulnerable to the risk of fraud. All other things being equal, appropriating one’s own environment generates specific abilities that are difficult to imitate (de Vaujany, 2008; Weick, 2001 (1998)), as it is a very intimate process (Jouët, 2000). This approach will then not only lead to less fraud but also to competitive advantage. Conclusion At the end of his book about emotional finance, Tuckett (2011) gives some ideas on how structures in a financial environment might evolve. He says in particular that the way economics is taught must change. It is necessary to explain how financial markets work and not, as is the case, how they should work. He says that it is important to take on board the importance of the psycho-sociological aspect of such environments. What we propose is in line with that position: we find it necessary that operators see their job differently, as a normal one, of a less supernatural essence… Therefore, they will be less tempted to behave as Heroes and controllers will consider them as normal 6 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 individuals. Hence, they could more easily develop heedful interrelations and reduce the risk of fraud. Bibliography A.M.F, 2010. Les dispositifs de gestion des risques et de contrôle interne. Cadre de référence. from http://www.amf-france.org/documents/general/9545_1.pdf Archer, M. S., 1995. Realist social theory : the morphogenetic approach. Cambridge ; New York, Cambridge University Press. ---, 2003. Structure, agency, and the internal conversation. Cambridge, UK ; New York, Cambridge University Press. B.C.B.S, 2006. Convergence internationale de la mesure et des normes de fonds propres. from http://www.bis.org/publ/bcbs128fre.pdf ---, 2009. Observed range of practice in key elements of AMA (Advanced Measurement Approaches). from http://www.bis.org/publ/bcbs160b.pdf ---, 2010a. Principles for enhancing corporate governance - For comment. from http://www.bis.org/publ/bcbs168.pdf ---, 2010b. Review of the Differentiated Nature and Scope of Financial Regulation. Key Issues and Recommendations. from http://www.bis.org/publ/joint24.pdf C.E.B.S, 2006. Guidelines on the implementation, validation and assessment of Advanced Measurement (AMA) and Internal Ratings Based (IRB) Approaches. from http://www.c-ebs.org/getdoc/5b3ff026-4232-4644-b593-d652fa6ed1ec/GL10.aspx ---, 2009. Guidelines on operational risk mitigation techniques. from http://www.cebs.org/documents/Publications/Standards---Guidelines/2009/Operational-riskmitigation-techniques/Guidelines.aspx ---, 2010a. High Level Principles for Risk Management. from http://www.eba.europa.eu/documents/Publications/Standards--Guidelines/2010/Risk-management/HighLevelprinciplesonriskmanagement.aspx ---, 2010b. Revised consultation paper on the management of operational risks in marketrelated activities. from http://www.c-ebs.org/documents/Publications/Consultationpapers/2010/CP35rev/CP35rev.aspx Cramer, P., et Jones, C. J., 2008. "Narcissism, identification, and longitudinal change in psychological health: Dynamic predictions". Journal of Research in Personality, 42(5), pp. 1148-1159. De Vaujany, F.-X., 2006. "Pour une théorie de l'appropriation des outils de gestion : vers un dépassement de l'opposition conception-usage". Revue management et avenir, 3(9), pp. 109-126. ---, 2008. Strategic Alignment: What Else? A practice Based View of IS Value. Paper presented at the ICIS 2008 Proceedings. Dechamp, G., Goy, H., Grimand, A., et De Vaujany, F.-X., 2006. "Management stratégique et dynamiques d'appropriation des outils de gestion : proposition d'une grille de lecture". Revue management et avenir, 3(9), pp. 181-200. Desanctis, G., et Poole, S. M., 1994. "Capturing the Complexity in Advanced Technology Use: Adaptive Structuration Theory". Organization Science, 5(2), pp. 121-147. Dimaggio, P., et Powell, W. W., 1983. "The iron cage revisited: Institutional Isomorphism and Collective Rationality in Organizational Fields". American Sociological Review, 48(2), pp. 147-160. Eliade, M., 1963. Aspects du mythe. Paris, Gallimard. 7 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 Galbraith, J. K., 1993. A short history of financial euphoria New ed. New York, N.Y., Whittle Books in association with Viking. ---, 2008 (1989). La crise économique de 1929. Anatomie d'une catastrophe financière. Paris, Payot. Gaultier-Gaillard, S., et Pratlong, F., 2011. "Le risque de réputation : le cas du secteur bancaire". Management et Avenir(48), pp. 272-288. Giraud, F., Saulpic, O., Delmond, M.-H., Bonnier, C., De Geuser, F., Laulusa, L., . . . Zrihen, R., 2009. L' art du contrôle de gestion : Enjeux et pratiques. Paris, GualinoLextenso éd. Godechot, O., 2005. Les traders. Essai de sociologie des marchés financiers Nouv. ed. Paris, la Découverte. I.M.F., 2007. "Do Market Risk Management Techniques Amplify Systemic Risks?". Global Financial Stability Report, pp. 52-76. Janand, A., 2011. "les métiers de risk management au sein de la banque : un enjeu RH". Management et Avenir(48), pp. 342-361. Jezzini, M., 2005. Revue de la littérature : Risque Opérationnel: Université d'Avignon et des Pays de Vaucluse. Jouët, J., 2000. "Retour critique sur la sociologie des usages". Réseaux, 18(100), pp. 487-521. Kindleberger, C. P., et Aliber, R. Z., 2005. Manias, panics, and crashes : a history of financial crises 5th ed. Hoboken, N.J., John Wiley and Sons. Lacoste, O., 2009. Comprendre les crises financières. Paris, Eyrolles. Lewis, M., 2010. Le casse du siècle. Paris, Sonatine. O.E.C.D., 2010. Corporate governance and the financial crisis - (lessons from 2008). from http://www.oecd.org/dataoecd/53/62/44679170.pdf S.S.G., 2009. Risk Management Lessons from the Global Banking Crisis of 2008. from http://www.financialstabilityboard.org/publications/r_0910a.pdf Schwager, J. D., 2006. Market Wizards, Interviews with top traders 20th anniversary ed., Marketplace Books. Sutcliffe, K. M., Weick, K. E., et Obstfeld, D., 2009 (2005). "Organizing and the Process of Sensemaking". In K. E. Weick (Ed.), Making Sense of the Organization. The Impermanent Organization (pp. 131-151). Chichester, U.K., John Wiley and Sons Ltd. Tuckett, D., 2011. Minding the markets : An Emotional Finance View of Financial Instability. Houndmills, Basingstoke, Hampshire, Palgrave Macmillan. Weick, K. E., 2001 (1977). "Enactment Processes in Organizations". In K. E. Weick (Ed.), Making Sense of the Organization (pp. 179-206). Oxford, UK ; Malden, MA, Blackwell Publishing. ---, 2001 (1988). "Enacted Sensemaking in Crisis Situations". In K. E. Weick (Ed.), Making Sense of the Organization (pp. 224-240). Oxford, UK ; Malden, MA, Blackwell Publishing. ---, 2001 (1993). "Collective Mind in Organizations: Heedful Interrelations on Flight Decks". In K. E. Weick (Ed.), Making Sense of the Organization (pp. 259-283). Oxford, UK ; Malden, MA, Blackwell Publishing. ---, 2001 (1998). "The Attitude of Wisdom: Ambivalence as the Optimal Compromise". In K. E. Weick (Ed.), Making Sense of the Organization (pp. 361-379). Oxford, UK ; Malden, MA, Blackwell Publishing. ---, 2009. Making sense of the Organization. Vol. 2, The Impermanent Organization. Chichester, U.K., John Wiley and Sons Ltd. 8 Proceedings of 7th Global Business and Social Science Research Conference 13 - 14 June, 2013, Radisson Blu Hotel, Beijing, China, ISBN: 978-1-922069-26-9 ---, 2009 (2003). "Enacting an Environnement: The infrastructure of Organizing". In K. E. Weick (Ed.), Making Sense of the Organization. The Impermanent Organization (pp. 193-205). Chichester, U.K., John Wiley and Sons Ltd. 9